Tuesday, February 5, 2013

Forgery -- Now You’ve Got Them, Or Do You?


Let me refer you to the assessment of Livinglie's Weblog as to the production of forged documents submitted in foreclosure litigation. And to the excellent work of April Charney and Liz Smith for the article on forgery at Naked Capitalism, and to Dr. James M. Kelley for his expertise as a forensic document examiner.

Forgery!    Now You’ve Got Them, Or Do You? « Livinglies's Weblog

"This is one of the places where the rubber meets the road, but before you start celebrating take a deep breath: proof of forgery will NOT necessarily stop delay or alter the foreclosure. That is why I start with questioning the monetary transactions before I introduce the document deficiencies, fabrications and forgeries.

"You have to put yourself in the Judge’s seat (or more properly, bench). A simple example will suffice to make my point. Suppose I loaned you $100 and you didn’t pay it back the way we agreed. Later I sue you and produce a promissory note you know you never signed but it looks like your signature, but you’ve admitted you owe the $100 and you admit you defaulted. Under those circumstances your evidence of forgery might be excluded from evidence -– because it is already established you owe the money and defaulted. In fact it should be excluded because it is no longer relevant to the proceedings. The debt is not the not — and vica versa.'"

 To read the entire article go to http://livinglies.wordpress.com/2013/02/05/forgery-now-youve-got-them-or-do-you/
 http://www.nakedcapitalism.com/2013/02/expert-witnesses-starting-to-take-on-forgeries-in-foreclosures.html http://www.nakedcapitalism.com/2013/02/expert-witnesses-starting-to-take-on-forgeries-in-foreclosures.html

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